San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1887-12-12
THAT INJUNCTION SUIT.

As was to have been expected, the
CITY authorities have been enjoined from
proceeding any farther in their opera
tions sgains. the San Antonio street
railway company. The compsny's
tracks are torn up. the travel between
the two depOts is interrupted just at the
season of the year when it is most dis
agreeable to walk few blocks, the
work on city improvement is delayed
and interrupted, and all for what? II
anyone can see the least reason or good
Common sense In forcing this Issue up"n
San Antonio at this time, that reason
certainly has not been made public
There 10 not one word in the ordinance
conveying right to the San Antoni"
street railway company, that seems to
contemplate even in the remotest de-
gree their performance of such work as
Is now demanded by the mayor of this
city.
The ordinance passed by the city con-
ferring the present franchise TO the city
railway company is very interesting
reading matter at this condition OF sf-
fairs. This document is very general in
it's terms and conveys its rights without
reservation or qualification only in so
far as hereinafter mentioned. The priv
ilege is, to lay track upon the streets,
plszas and bridges and avenues when
ever the interests Of the public or the
railway company may require 1t. The
stipulations and restrictions were In
brief that the railway company should
conform to the grade Of the streets
through which the tracks OF the street
railway were laid, said grade to be de-
termined by the city engineer under d.
rection OF the oity council. The con-
struotiOn Of road bed upon any street
was to be done under supervision
OF the improvement commit
Tee OF the council; and all
streets, avenues, plRzas and crOss-
ings were to be left in as good
as before Its construction. No roadway
or turn table was to be put down on
Commerce street. They are to obey all
ordinances OF the city not inconsistent
with the rights herein granted, and pay
all taxes properly assessed against
them.
As was shown 10 the LIGHT some time
since, when the railway tracks were
laid they were laid on Preside street,
since named West Commerce, and the
city made no claim at the time those
tracks were laid for years afterward
that the track on Preside street was
any Infringement or violation OF the or
dinance.
The order for the removal OF tn 9
tracks not being needed, the city
authority, the will Of the mayor, has
manifested itself in tearing up
the city railway oompany's tracks, and
the result is an Injunction res.
training the council from doing what, it
seems to nearly every one who regards
the matter dispassionstely, they clearly
have no legal right 10 do.
The prejudice is generally very strong
against great corporations. Street rail-
way companies, gas and water COM
panies are generally regarded as prey
Ing upon the public and having few
rights which the public should respect.
The wrongs perpetrated by coroOrs-
tiOns cannot work any forfeiture Of their
rights except by due legal process, and
10 this case OF the city versus the rail-
way company there cannot be shown
from the ordinances of this city, nor
from the vested right OF the street rail-
way company, any warrant Of law for
them to change their tracks,
nor TO bear the burden Of paving the
street within their tracks and for a
Ipeol1ed distance outside. Unless some
sneraI Law bearing upon this subject